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Retaliation Claims: Court Rules Employers May Now Be Sued When Co-Workers Retaliate; 3 Important Steps To Prevent Lawsuits

It may come as a surprise that employers can now be sued if co-workers harass an employee who has made a workplace complaint. A recent Ninth Circuit Court of Appeals decision has broadened the liability of employers for retaliation to include not just supervisors’ acts, but also the hostile conduct of other employees. We’ll offer […]

ADA Accommodations: Why An Employee’s Request To Transfer To Another Supervisor Was Not A Required Accommodation

In some situations, transferring an employee to a new position with a different supervisor might be an appropriate way to accommodate a disabled employee. But a recent ruling involving a Southern California loan underwriter demonstrates that courts won’t insist on a transfer without evidence that the move would enable the employee to work more productively. […]

Disability-Related Questions And Medical Exams, Part 2: EEOC Guidelines For Handling Common But Thorny Problems

The EEOC recently released a guidance explaining when it is and is not permissible to ask employees disability-related questions or to require them to take medical exams. In this final segment, we look at how the EEOC says you should handle a number of common but frequently thorny situations involving employee medical information. Documentation When […]

Background Checks: $1.1 Million Verdict For Failing To Confirm Applicant’s Identity; 5 Red Flags That Were Ignored

Manor Park nursing home in Texas hired Clifton Orphy as a janitor. The trouble was Orphy was using a different name and a fictitious date of birth and Social Security number. Consequently, Manor Park discovered that the person it hired had five prior felonies on his record only after he had raped an 84-year-old nursing […]

Employee Benefits: New Ruling Clarifies When You Must Notify Employees In Advance Of Changes To Retirement Plans

When modifying a retirement plan or implementing an early retirement incentive program, most employers don’t announce the news until the details are finalized and the program is set to go. Now an important case from the Ninth Circuit Court of Appeals details when you have to give employees advance notice of a new program or […]

Recruiting Workers: Manager And New Employer Face Liability For Raiding Former Employer’s Staff; 3 Ways To Avoid Recruiting Lawsuits

It’s always disappointing when a top employee leaves your company. But disappointment can turn to disaster—and a lawsuit—if your former star takes along a group of other key employees. That’s what happened in a recent case in which the California Court of Appeal clarified the obligations of existing employees and competitors regarding attempts to lure […]

Arbitrating Employment Disputes: State High Court Approves Use Of Arbitration Agreements But Many Will Require Changes; A 6-Point Checklist

The California Supreme Court has given an important stamp of approval to the use of mandatory arbitration clauses as a condition of employment as long as they meet certain requirements assuring fairness to employees. In the wake of the ruling, you’ll need to immediately review, and possibly revise, arbitration agreements signed by existing employees and […]

Exempt Employees: Some Computer Software Professionals And Nurses Now Exempt From Overtime

  Governor Davis has signed a new law (S.B. 88), which is now in effect, exempting from the overtime rules certain nonsalaried computer software workers who are paid at least $41 per hour. The exemption applies to highly skilled employees doing intellectual or creative work of specified types requiring discretion and independent judgment. Also, certified, salaried […]

Whistleblowing: The Latest Employee Complaints-From B-2 Bombers To Beef

California employers continue to be hit by revelations from whistleblowing workers. The Southern California-based Northrop Grumman Corp. has agreed to pay $1.4 million to settle a lawsuit by a former employee who accused the defense contractor of overcharging the Air Force for B-2 bomber instruction and repair manuals. The worker who complained to the government […]